WHITEHEAD v. STATE

No. 90-2094.

583 So.2d 418 (1991)

Christopher WHITEHEAD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 1, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The defendant was convicted of first degree murder, a capital felony, and sentenced to life imprisonment with a twenty-five year mandatory minimum term, to be followed by life probation. The defendant appeals, arguing that his split sentence is illegal for exceeding the statutory maximum.

Section 775.082(1), Florida Statutes (1989), states that if the death penalty is not imposed, a person convicted of a capital felony shall be punished by life...

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